Derek Abbotts

The appellant appealed the Town's refusal of a zoning by-law amendment application to permit the development of single detached dwellings on a vacant block within an existing subdivision.

During the hearing, the parties reached a settlement and presented a revised draft zoning by-law amendment that included a holding provision regarding water and sewer availability.

The Tribunal found that the proposed amendment was consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and represented good planning by facilitating gentle intensification within a settlement area.

The appeal was allowed in part to implement the revised zoning by-law amendment.

The applicant appealed the Committee of Adjustment's denial of a minor variance to reduce the front yard setback from 12.5 metres to 7.0 metres for a proposed single detached dwelling.

The Town did not call a case, and the applicant summoned the Town's Manager of Development Planning, who provided uncontroverted expert planning evidence supporting the variance.

The Tribunal found that the variance met the four tests under section 45(1) of the Planning Act, was consistent with the Provincial Policy Statement, and represented good land use planning.

The appeal was allowed and the variance was authorized.